| Case ID |
0c732a88-3c18-4ef6-9e4a-3f77090704cf |
| Body |
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| Case Number |
H.C.A No. 271 of 2004 |
| Decision Date |
Sep 01, 2006 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, reaffirming the interim injunction in favor of the plaintiffs. The court found that the plaintiffs successfully established a prima facie case, demonstrating that the extraction of water by the defendant would likely cause irreparable harm to the environment and the rights of the residents in the area. The court highlighted the importance of public interest litigation and recognized the need to protect the rights of educational and health institutions in the designated 'Education City'. The ruling emphasized adherence to environmental laws and the necessity for proper permissions for such industrial activities. |
| Summary |
In the case of NESTLE MILKPAK LTD. vs. Sindh Institute of Urology and Others, the Sindh High Court addressed significant issues surrounding environmental protection and land use in the context of public interest litigation. The plaintiffs, representing various health and educational institutions, sought a permanent injunction against the defendant's water bottling operations in a designated 'Education City' area. The court scrutinized the legality of the land acquisition by the defendant and its potential adverse effects on the local aquifer and community. The ruling underscored the necessity of complying with environmental regulations, particularly the Pakistan Environmental Protection Act, 1997, and emphasized the importance of safeguarding public resources for educational and health-related purposes. The decision reinforced the principle that commercial activities should not undermine the environmental integrity and community welfare, aligning with ongoing discussions about sustainable development and responsible resource management. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh Institute of Urology,
Ziauddin Medical University,
Nestle Milkpak Ltd.,
Aga Khan Hospital,
Shaheed Zulfiqar Ali Bhutto Institute of Science and Technology,
Newports Institute of Communication and Economics,
Sir Syed University of Engineering and Technology,
Shaukat Khanum Memorial Cancer and Research Centre
|
| Judges |
ANWAR ZAHEER JAMALI,
SYED ZAWWAR HUSSAIN JAFFERY
|
| Lawyers |
Khalid Anwar,
Qazi Faiz Isa,
Anwer Mansoor Khan
|
| Petitioners |
Ziauddin Medical University,
Sindh Institute of Urology,
Aga Khan Hospital and Medical College Foundation,
Shaheed Zulfiqar Ali Bhutto Institute of Science and Technology,
Newports Institute of Communication and Economics,
Sir Syed University of Engineering and Technology,
Shaukat Khanum Memorial Cancer and Research Centre
|
| Respondents |
NESTLE MILKPAK LTD.,
Sindh court INSTITUTE OF UROLOGY,
Respondents Nos. 5 and 6
|
| Citations |
2007 SLD 2935,
2007 PLD 11
|
| Other Citations |
Walayat Ali Mir v. Pakistan International Airlines Corporation 1995 SCMR 650,
Pakistan International Airlines Corporation v. Messrs Hazir (Pvt.) Ltd. (PLD 1993 Kar. 190),
Pirjee Muhammad Naqi v. Messrs Pakistan State Oil Corporation 2000 CLC 1276,
Muhammad Suleman v. Azad Government and 5 others 2002 PLC (C.S.) 889,
Macshannon v. Rockware Glass Ltd. 1978 1 All ER 625,
Jahar Mal . G.M. Tritchard AIR 1919 Patna 503,
Chasemore v. Richards (1843-60) All ER Rep 77,
Mayor and Co. of Bradford v. Pickles H.L. (E) (1895) AC 587,
Perumatty Grama Panchayat v. State of Kerala 2004 (1) KLT 731 (Kerala High Court),
State of Tamil Nadu v. Hind Stone (1981) 2 Supreme Court Cases 205,
M.C. Mehta v. Kamal Nath (1997)1 Supreme Court Cases 388,
National Audubon Society v. Superior Court (1983) 33 Cal. 3rd 419 (Supreme Court of California),
Marks v. Whitney 6 Cal. 3d 251 (Supreme Court of California),
Ardeshir Cowasjee v. Province of Sindh 2004 SBLR Sindh 763,
Shehri v. Province of Sindh (2001 YLR 1139),
Gaved v. Martyn 34 LJCP 352,
Gul Haider v. Asat PLD 1978 Pesh. 157,
Anjum Irfan v. Lahore Development Authority PLD 2002 Lah. 555,
Asrabulla v. Kiamatulla AIR 1937 Calcutta 245
|
| Laws Involved |
Pakistan Environmental Protection Act,
Easements Act,
Civil Procedure Code,
Specific Relief Act
|
| Sections |
12,
7,
O.XXXIX, Rr. 1, 2, 4,
O.I, R.8,
S.151,
39,
42,
53
|